Repertoire of the Practice of the Security Council

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Repertoire of the Practice of the Security Council
Weapons of 1 July 1968 and emphasize the integral role in the
implementation of that Treaty of fully effective International
Atomic Energy Agency safeguards, as well as the importance of
effective export controls. They will take appropriate measures in
the case of any violations notified to them by the Agency.
On chemical weapons, the members of the Council
support the efforts of the Third Review Conference of the
Parties to the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction, held
at Geneva from 9 to 27 September 1991, with a view to reaching
agreement on the conclusion, by the end of 1992, of a universal
convention, including a verification regime, to prohibit chemical
weapons.
On conventional armaments, they note the General
Assembly’s vote in favour of a United Nations register of arms
transfers as a first step, and in this connection recognize the
importance of all States providing all the information called for
in the General Assembly’s resolution.
*
*
*
In conclusion, the members of the Council affirm their
determination to build on the initiative of their meeting in order
to secure positive advances in promoting international peace and
security. They agree that the Secretary-General has a crucial role
to play. The members of the Council express their deep
appreciation to the outgoing Secretary-General, Mr. Javier Pérez
de Cuéllar, for his outstanding contribution to the work of the
United Nations, culminating in the signing of the El Salvador
peace agreements. They welcome the new Secretary-General,
Mr. Boutros Boutros-Ghali, and note with satisfaction his
intention to strengthen and improve the functioning of the
United Nations. They pledge their full support to him, and
undertake to work closely with him and his staff in fulfilment of
their shared objectives, including a more efficient and effective
United Nations system.
The members of the Council agree that the world now has
the best chance of achieving international peace and security
since the founding of the United Nations. They undertake to
work in close cooperation with other United Nations Member
States in their own efforts to achieve this, as well as to address
urgently all the other problems, in particular those of economic
and social development, requiring the collective response of the
international community. They recognize that peace and
prosperity are indivisible and that lasting peace and stability
require effective international cooperation for the eradication of
poverty and the promotion of a better life for all in larger freedom.
29. An agenda for peace: preventive diplomacy, peacemaking
and peacekeeping
Initial proceedings
On 17 June 1992, pursuant to the presidential
statement adopted by the Security Council at its
summit meeting on 31 January 1992,1 the SecretaryGeneral submitted to the Council a report entitled “An
Agenda for Peace: preventive diplomacy, peacemaking
and peacekeeping”.2 The report contained, as
requested, his analysis and recommendations on ways
of strengthening and making more efficient, within the
framework and provisions of the Charter, the capacity
of the United Nations for preventive diplomacy,
peacemaking and peacekeeping — to which he had
added the closely related concept of peacebuilding.
The Secretary-General remarked on the changing
context within which those issues had to be addressed.
The ideological barrier that for decades had given rise
to distrust and hostility had collapsed; and even though
North-South issues had grown more acute, the
improvement in East-West relations afforded new
__________________
1
2
822
S/23500. See section 28 of the present chapter.
S/24111.
possibilities for successfully meeting threats to
common security. It was a time of global transition,
marked by contradictory trends. Regional associations
of States were evolving ways to deepen cooperation
and ease sovereign and nationalistic rivalries. At the
same time, however, new assertions of nationalism and
sovereignty had sprung up, and the cohesion of States
was threatened by ethnic, religious, social, cultural or
linguistic strife. Social peace was challenged,
moreover, by discrimination and acts of terrorism
seeking to undermine change through democratic
means. While the concept of peace was easy to grasp,
that of international security was more complex, for a
pattern of contradictions had arisen there as well: as
major nuclear Powers had begun to negotiate arms
reduction agreements, the proliferation of weapons of
mass destruction threatened to increase and
conventional arms continued to be amassed in many
parts of the world. Since the creation of the United
Nations in 1945, more than 100 major conflicts around
the world had left some 20 million dead. The
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Chapter VIII. Consideration of questions under the
responsibility of the Security Council for the maintenance
of international peace and security
Organization had been powerless to deal with many of
those crises because of the numerous vetoes cast in the
Security Council, which were a vivid expression of the
divisions of that period.
The Secretary-General observed, however, that
with the end of the cold war there had been no such
vetoes since 31 May 1990, and demands on the United
Nations had surged. Its security arm had emerged as a
central instrument for the prevention and resolution of
conflicts and for the preservation of peace. He thought
that, in the light of those changed circumstances, the
Organization’s aims should be the following: to seek to
identify at the earliest possible stage situations that
could produce conflict, and to try through diplomacy to
remove the sources of danger before violence resulted;
where conflict had erupted, to engage in peacemaking
aimed at resolving the issues that had led to conflict;
through peacekeeping, to work to preserve peace where
fighting had been halted, and to assist in implementing
agreements achieved by the peacemakers; to stand
ready to assist in peacebuilding in its differing
contexts; and to address the deepest causes of conflict:
economic despair, social injustice and political
oppression. The Secretary-General stressed that this
wider mission for the Organization would demand the
concerted attention and effort of individual States —
which remained the foundation stone of this work —
regional and non-governmental organizations, and the
entire United Nations system.
The Secretary-General provided the following
definitions for the key terms used in his report:
(a) preventive diplomacy was action taken to prevent
disputes from arising between parties, to prevent
existing disputes from escalating into conflicts and to
limit the spread of the latter when they occurred;
(b) peacemaking was action to bring hostile parties to
agreement, essentially through such peaceful means as
those foreseen in Chapter VI of the Charter of the
United Nations; (c) peacekeeping was the deployment
of a United Nations presence in the field, hitherto with
the consent of all the parties concerned, normally
involving United Nations military and/or police
personnel and frequently civilians as well — it was a
technique that expanded the possibilities for both the
prevention of conflict and the making of peace;
(d) post-conflict peacebuilding was action to identify
and support structures which would tend to strengthen
and solidify peace in order to avoid a relapse into
conflict. These four areas of action, taken together and
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carried out with the backing of all Members, offered,
he maintained, a coherent contribution towards
securing peace in the spirit of the Charter.
Commencing with preventive diplomacy, the
Secretary-General observed that it could be performed
by the Secretary-General personally or through senior
staff or specialized agencies or programmes, by the
Security Council or by the General Assembly, as well
as by regional organizations in cooperation with the
United Nations. It required confidence-building
measures; it needed early warning based on
information-gathering and fact-finding; and it could
involve preventive deployment and, in some situations,
demilitarized zones. He stressed the need for an
increased resort to fact-finding, in accordance with the
Charter — initiated either by the Secretary-General, to
enable him to meet his responsibilities under the
Charter, including Article 99, or by the Security
Council or the General Assembly.3 Various forms of
fact-finding mission could be employed according to
the requirements of the situation. A request by a State
for the sending of a United Nations fact-finding
mission to its territory should be considered without
undue delay. In addition to collecting information on
which a decision for further action could be taken, such
a mission could in some instances help to defuse a
dispute by its presence, indicating to the parties that
the Organization, and in particular the Security
Council, was actively seized of the matter as a present
or potential threat to international security. The
Secretary-General added that, in exceptional
circumstances, the Council might itself meet away
from Headquarters, in order not only to inform itself
directly, but also to bring the authority of the
Organization to bear on a given situation. In
connection with early warning, he pointed to the need
for close cooperation between the various specialized
agencies and functional offices of the United Nations.
He recommended, moreover, that the Security Council
invite a reinvigorated and restructured Economic and
Social Council to provide reports, in accordance with
Article 65 of the Charter, on those economic and social
developments that might, unless mitigated, threaten
international peace and security. As for preventive
deployment, the Secretary-General suggested that the
time had come to consider such action in various
circumstances, with the consent of the parties
concerned: for example, in conditions of internal
__________________
3
Ibid., para. 25.
823
Repertoire of the Practice of the Security Council
conflict; in an inter-State dispute; or where one nation
feared a cross-border attack.
Turning to peacemaking, the Secretary-General
noted that Chapter VI of the Charter set forth a
comprehensive list of peaceful means for the resolution
of conflict. He also called attention to the power of the
Security Council, under Articles 36 and 37 of the
Charter, to recommend to Member States the
submission of a dispute to the International Court of
Justice, arbitration or other dispute-settlement
mechanisms. He recommended that he be authorized,
pursuant to Article 96 (2), to take advantage of the
advisory competence of the Court and that other United
Nations organs that already enjoyed such authorization
turn to the Court more frequently for advisory
opinions. He stressed that when peacemaking required
the imposition of sanctions under Article 41, States
confronted with special economic problems should not
only have the right to consult the Security Council, as
provided by Article 50, but should also have the
“realistic possibility” of having their difficulties
addressed.4 In that context, he recommended that the
Council devise a set of measures involving the
financial institutions and other components of the
United Nations system that could be put in place to
insulate States from such difficulties.
On the use of military force, the SecretaryGeneral observed that it was the essence of the concept
of collective security that, if peaceful means failed, the
measures provided in Chapter VII should be used, on
the decision of the Security Council, to maintain or
restore international peace and security. Under Article
42 of the Charter, the Council itself had the authority to
take military action for that purpose. Such action
would, in his view, require bringing into being, through
negotiations, the special agreements foreseen in Article
43 of the Charter, whereby Member States undertook to
make available to the Security Council armed forces,
assistance and facilities. He felt that, under the political
circumstances that then existed for the first time since
the Charter was adopted, the long-standing obstacles to
the conclusion of such special agreements should no
longer prevail. The ready availability of armed forces
on call could serve, in itself, as a deterrent since a
potential aggressor would know that the Council had at
its disposal a means of response. In that context, the
Secretary-General recommended that the Council
__________________
4
824
Ibid., para. 41.
initiate negotiations, in accordance with Article 43,
supported by the Military Staff Committee, whose
composition might be augmented if necessary, in
accordance with Article 47 (2) of the Charter. He added
that, in his view, the role of the Military Staff
Committee should be seen in the context of Chapter
VII, and not in the planning or conduct of
peacekeeping operations. The Secretary-General
acknowledged, however, that, in practice, Article 43
forces were not likely to be available for some time to
come. In he meantime, the United Nations was on
occasion called upon to accomplish tasks that exceeded
the mission of peacekeeping operations and the
expectations of troop-contributing countries. The
Secretary-General therefore recommended that the
Council consider the utilization of peace-enforcement
units in clearly defined circumstances and with their
terms of reference specified in advance, as a
provisional measure under Article 40.
As for peacekeeping, the Secretary-General
observed that the nature of peacekeeping operations
had evolved rapidly in recent years and that a new
array of demands and problems had emerged regarding
logistics, equipment, personnel and finance. In terms of
personnel, he recalled that Member States had been
asked in 1990 to indicate what military personnel they
were prepared to make available, but that few had
replied. He reiterated that request, and asked for
standby arrangements to be confirmed, as appropriate.5
He also recommended that arrangements be reviewed
and improved for training peacekeeping personnel —
civilian, police or military. As for the United Nations
itself, he suggested that special personnel procedures
be instituted to permit the rapid transfer of Secretariat
staff members to serve with peacekeeping operations;
and that the strength and capability of military staff
serving in the Secretariat be augmented to meet new
and heavier responsibilities.6
With regard to post-conflict peacebuilding, the
Secretary-General stressed that for peacemaking and
peacekeeping operations to be truly successful, they
must include efforts to identify and support structures
that would tend to consolidate pace and advance a
sense of confidence among people. After civil strife,
measures might include, for instance, disarming the
previously warring parties and the restoration of order,
__________________
5
6
Ibid., para. 51.
Ibid., para. 52.
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Chapter VIII. Consideration of questions under the
responsibility of the Security Council for the maintenance
of international peace and security
the custody and possible destruction of weapons,
repatriating refugees, advisory and training support for
security personnel, monitoring elections, advancing
efforts to protect human rights, reforming or
strengthening governmental institutions and promoting
processes of political participation. In the aftermath of
international conflict, peacebuilding might take the
form of concrete cooperative projects that linked two
or more countries in a mutually beneficial undertaking
that could both contribute to economic and social
development and enhance the confidence so
fundamental to peace. The concept of peacebuilding as
the construction of a new environment should be
viewed as the counterpart of preventive diplomacy,
which sought to avoid the breakdown of peaceful
conditions. Preventive diplomacy was to avoid a crisis;
post-conflict peacebuilding was to prevent a
recurrence.
Turning
to
cooperation
with
regional
arrangements and organizations, the Secretary-General
stated that, in many cases, they possessed a potential
that should be utilized in the four areas covered in his
report. He thought they could render great service if
their activities were undertaken in a manner consistent
with the purposes and principles of the United Nations,
and if their relationship with the United Nations, and
particularly the Security Council, were governed by
Chapter VIII. Under the Charter, the Security Council
had, and would continue to have, primary
responsibility for maintaining international peace and
security. Regional action, however, could lighten the
burden of the Council and contribute to a deeper sense
of participation, consensus and democratization in
international affairs.7 Consultations between the United
Nations and regional arrangements or agencies could
do much to build international consensus on the nature
of a problem and the measures required to address it.
Regional organizations participating in complementary
efforts with the United Nations in joint undertakings
would encourage States outside the region to act
supportively. Moreover, should the Council choose
specifically to authorize a regional arrangement or
organization to take the lead in addressing a crisis
within its region, that could serve to lend the weight of
the United Nations to the validity of the regional
effort.8
__________________
7
8
Ibid., para. 64.
Ibid., para. 65.
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On the question of the safety of personnel, the
Secretary-General stressed the need to devise
innovative measures to deal with the dangers facing the
Organization’s staff. He recommended that the Security
Council seriously consider what action should be taken
towards those who put United Nations personnel in
danger. Before deployment, the Council should keep
open the option of collective measures, including those
under Chapter VII, to come into effect should the
purpose of the United Nations operation systematically
be frustrated and hostilities occur.
As to financing, the Secretary-General proposed a
set of measures to enable the Organization both to
function over the longer term and to respond to crises.
These included the establishment of a temporary
peacekeeping reserve fund to meet the initial expenses
of peacekeeping operations, pending receipt of
assessed contributions.
In conclusion, the Secretary-General stressed that
the Council should never again lose the collegiality
essential to its proper functioning, adding that “a
genuine sense of consensus deriving from shared
interests must govern its work, not the threat of the
veto or the power of any group of nations”. He
recommended that the Heads of State and Government
of the members of the Council meet in alternate years,
just before the general debate in the General Assembly.
Such meetings would permit exchanges on the
challenges of the moment and how to address them. In
addition, the Council should continue to meet at the
Foreign Minister level whenever warranted.
Decision of 30 June 1992 (3089th meeting):
statement by the President
At its 3089th meeting, held on 30 June 1992 in
accordance with the understanding reached in its prior
consultations, the Council included the report of the
Secretary-General in its agenda. After the adoption of
the agenda, the President (Belgium) stated that,
following consultations among the members of the
Council, he had been authorized to make the following
statement on behalf of the Council:9
The Council has noted with interest and appreciation the
report of the Secretary-General of 17 June 1992 entitled “An
agenda for peace” on ways of strengthening and making more
efficient within the framework and provisions of the Charter of
the United Nations the capacity of the United Nations for
__________________
9
S/24210.
825
Repertoire of the Practice of the Security Council
preventive diplomacy, for peacemaking and for peacekeeping,
prepared pursuant to the statement adopted on 31 January 1992
at the conclusion of the meeting held for the first time by the
Security Council at the level of Heads of State and Government.
It is grateful to the Secretary-General for his report, which is a
comprehensive reflection on the ongoing process of
strengthening the Organization. In this connection, the Council
welcomes the efforts made by the Secretary-General.
In reading the report, the Council has noted a set of
interesting proposals addressed to the various organs of the
United Nations and to Member States and regional
organizations. The Council therefore trusts that all organs and
entities, in particular the General Assembly, will devote
particular attention to the report and will study and evaluate the
elements of the report that concern them.
Within the scope of its competence, the Security Council
will, for its part, examine in depth and with due priority the
recommendations of the Secretary-General.
The Council also takes this opportunity to reiterate its
readiness to cooperate fully with the Secretary-General in the
strengthening of the Organization in accordance with the
provisions of the Charter.
Decision of 29 October 1992 (3128th meeting):
statement by the President
At its 3128th meeting, held on 29 October 1992
in accordance with the understanding reached in its
prior consultations, the Council included the report of
the Secretary-General in its agenda. The President
(France) stated that, following consultations among the
members of the Council, he had been authorized to
make the following statement on behalf of the
Council:10
Pursuant to the President’s statement of 30 June 1992, the
Council has begun to examine the Secretary-General’s report
entitled “An agenda for peace”.
This consideration of the report of the Secretary-General
of 17 June 1992 entitled “An agenda for peace” by the Council
will be coordinated with the discussions carried out in the
General Assembly. The Council welcomes in this regard the
contact already established between the Presidents of the two
organs and invites the President of the Council to continue and
intensify such contacts.
The Council intends to examine the proposals of the
Secretary-General which concern it or are addressed to it. For
this purpose, the members of the Council have decided to hold a
meeting at least once a month on the report, such meetings being
prepared for, as necessary, by a working group.
__________________
10
826
S/24728.
One objective of this examination is to arrive at
conclusions which would be considered during a special meeting
of the Council, which will determine the date of this meeting,
bearing in mind the progress of the work at the present session
of the General Assembly, but it hopes to hold the meeting by
next spring at the latest.
The Council has followed with close interest the views
expressed by Member States in the General Assembly during the
general debate as well as during the discussion on item 10 of the
agenda of the General Assembly. It has also noted the report of
the special session of the Special Committee on Peacekeeping
Operations. It has now identified the Secretary-General’s
proposals which concern it or are addressed to it.
Without prejudice to the further examination of other
proposals of the Secretary-General, and taking into account the
greatly increased number and complexity of peacekeeping
operations authorized by the Council during recent months, the
Council believes that two suggestions contained in “An agenda
for peace” should be considered at this moment:
– The Council, in accordance with the recommendations
contained in paragraph 51 of the Secretary-General’s
report, encourages Member States to inform the
Secretary-General of their willingness to provide forces
or capabilities to the United Nations for peacekeeping
operations and the type of units or capabilities that might
be available at short notice, subject to overriding national
defence requirements and the approval of the
Governments providing them. It further encourages the
Secretariat and those Member States which have indicated
such willingness to enter into direct dialogue so as to
enable the Secretary-General to know with greater
precision what forces or capabilities might be made
available to the United Nations for particular
peacekeeping operations, and on what time-scale;
– The Council shares the view of the Secretary-General in
paragraph 52 of his report concerning the need for an
augmentation of the strength and capability of military
staff serving in the Secretariat and of civilian staff dealing
more generally with peacekeeping matters in the
Secretariat. The Council suggests to the SecretaryGeneral that he report to it, as well as to the General
Assembly, on this subject as soon as possible. The
Secretary-General might consider in his report the
establishment in the Secretariat of an enhanced
peacekeeping planning staff and an operations centre in
order to deal with the growing complexity of initial
planning and control of peacekeeping operations in the
field. The Council further suggests to Member States that
they consider making available to the Secretariat
appropriately experienced military or civilian staff, for a
fixed period of time, to help with work on peacekeeping
operations.
Moreover, the Council intends to study those paragraphs
which are addressed to it, including paragraph 41 concerning the
special economic problems which may concern other States
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Chapter VIII. Consideration of questions under the
responsibility of the Security Council for the maintenance
of international peace and security
when sanctions are imposed on a State, paragraphs 64 and 65
concerning the role of regional organizations, and paragraph 25
concerning resort by the United Nations to fact-finding.
Decision of 30 November 1992: statement by
the President
On 30 November 1992, following consultations
among the members of the Council, the President
(Hungary) made the following statement on behalf of
the Council:11
The members of the Council continued the examination of
the report of the Secretary-General of 17 June 1992 entitled “An
agenda for peace”.
The members of the Council welcome and support the
proposals in paragraph 25 of the report of the Secretary-General
on fact-finding. They are of the view that an increased resort to
fact-finding as a tool of preventive diplomacy, in accordance
with the Charter of the United Nations and the United Nations
Declaration on Fact-finding for International Security and
Peacemaking, particularly its guidelines, can result in the best
possible understanding of the objective facts of a situation
which will enable the Secretary-General to meet his
responsibilities under Article 99 of the Charter and facilitate
Security Council deliberations. They agree that various forms of
fact-finding can be employed according to the requirements of a
situation, and that a request by a State for the dispatch of a factfinding mission to its territory should be considered without
undue delay. They encourage all Member States in a position to
do so to provide the Secretary-General with the detailed
information needed on issues of concern, so as to facilitate
effective preventive diplomacy.
The members of the Council, being aware of the increased
responsibilities of the United Nations in the area of preventive
diplomacy, invite the Secretary-General to consider the
appropriate measures necessary to strengthen the capacity of the
Secretariat for information-gathering and in-depth analysis.
They also invite Member States and the Secretary-General to
consider the secondment of experts to help in this regard. They
urge the Secretary-General to take appropriate measures to
ensure the availability at short notice of eminent persons who
might share, with senior officials of the Secretariat, the burden
of fact-finding missions. They note the positive role of regional
organizations and arrangements in fact-finding within their areas
of competence and welcome its intensification and close
coordination with fact-finding efforts by the United Nations.
Bearing in mind the above-mentioned Declaration and the
Secretary-General’s recommendations in his report, the members
of the Council for their part will facilitate and encourage every
appropriate use of fact-finding missions on a case-by-case basis
and in accordance with the purposes and principles of the
Charter.
__________________
11
In this context, the members of the Council note and
endorse the Secretary-General’s view that in some cases a factfinding mission can help defuse a dispute or situation, indicating
to those concerned that the United Nations and in particular the
Security Council is actively seized of the matter as a present or
potential threat to international peace and security. Such action
in the early stages of a potential dispute can be particularly
effective. They welcome the Secretary-General’s readiness to
make full use of his powers under Article 99 of the Charter to
draw the attention of the Security Council to any matter which
in his opinion may threaten international peace and security.
They note with satisfaction the recent greater use of fact-finding
missions, as exemplified by the missions to Moldova, NagornyKarabakh, Georgia, Uzbekistan and Tajikistan.
The members of the Council intend to continue their work
on the Secretary-General’s report as indicated in the President’s
statement of 29 October 1992.
Decision of 30 December 1992 (3154th meeting):
statement by the President
At its 3154th meeting, held on 30 December 1992
in accordance with the understanding reached in its
prior consultations, the Council included the report of
the Secretary-General in its agenda. The President
(India) stated that following consultations among the
members of the Council, he had been authorized to
make the following statement on behalf of the
Council:12
In pursuance of the President’s statement of 29 October
1992 in connection with the Secretary-General’s report entitled
“An agenda for peace”, according to which “the Council intends
to study those paragraphs which are addressed to it, including
paragraph 41 concerning the special economic problems which
may concern other States when sanctions are imposed on a
State”, the Security Council examined the question of special
economic problems of States as a result of sanctions imposed
under Chapter VII of the Charter of the United Nations.
The Council shares the observation made by the
Secretary-General in paragraph 41 of his report that when such
sanctions are imposed under Chapter VII of the Charter, it is
important that States confronted with special economic problems
have the right to consult the Council regarding such problems,
as provided in Article 50 of the Charter. The Council agrees that
appropriate consideration should be given to their situation.
The
Council
notes
the
Secretary-General’s
recommendation that the Council devise a set of measures,
involving the financial institutions and other components of the
United Nations system, that can be put in place to insulate States
from such difficulties.
__________________
12
S/25036.
S/24872.
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Repertoire of the Practice of the Security Council
The Council, while noting that this matter is being
considered in other forums of the United Nations, expresses its
determination to consider this matter further and invites the
Secretary-General to consult the heads of the international
financial institutions, other components of the United Nations
828
system and Member States, and to report to the Security Council
as early as possible.
The Council intends to continue its work on the
Secretary-General’s report as indicated in the President’s
statement of 29 October 1992.
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